ILR finance questions- overseas salary

[hxf666]

Hi All,

Happy new year!

I’m currently on my 2nd FLR Visa which expires on 24th March 2021. In theory the next Visa I’m going to apply for is the settlement visa SET(M), however, I’m currently staying in KSA due to my British husband’s work (until end of 2021).

I could fly back to the uk before my visa expires (if the COVID situation allows!) and make the application, but as the premium service is no longer available, i could only use the normal service which could take 6 months. Unfortunately it has become unrealistic for me (with a newborn baby) to live in the uk without my husband in the current lockdown situation

We do intend to go back to the uk after his contract, I guess my questions are:

1. Could I apply for SET(M) from outside the UK? If so, how? As the online form is only for applications made in the uk.

2. If I cannot fly back to the UK within 28 days before my visa expires due to COVID, do I need to let the immigration office know? If so, how?

3. If I failed to renew my visa, does it mean that before we return to the UK, I will have to apply for a FLR from KSA and start the 5-year route all over again?

4. If I failed to renew my visa, should I be applying for a tourist visa to see family in the UK? And only apply for FLR from KSA once we decide to move back permanently (when the job finishes)?

So many uncertainties at the moment, thank you so much in advance!

[CR001]

1. No you cannot. Ilr is only an in country application. Note your spouse is required to prove UK earnings and you both need to prove 2 years of cohabitation for you to qualify for ilr on set m.

2. No.

3. Yes.

4. Possibly, risk of being refused a visitor visa though.

[hxf666]

1. No you cannot. Ilr is only an in country application. Note your spouse is required to prove UK earnings and you both need to prove 2 years of cohabitation for you to qualify for ilr on set m.

2. No.

3. Yes.

4. Possibly, risk of being refused a visitor visa though.

Thank you so much!

why would a visitor visa be possibly refused please?

[CR001]

Because they are harder to get these days and as you have held a spouse visa, the ECO could take the view that you are trying to circumvent the stricter spouse visa rules

[hxf666]

Because they are harder to get these days and as you have held a spouse visa, the ECO could take the view that you are trying to circumvent the stricter spouse visa rules

Fair point, thank you very much!
Guess we’ll need to provide enough evidence to show that our life is in KSA at the moment Would writing a cover letter help? Thanks!

[hxf666]

Hi All,

Hope all is well.

We couldn’t get back to the UK to renew my FLR (2nd 2.5 years) to a SET visa before it expired in March, as we are trapped in an other country due to my British husband’s work.

Questions:

1. Which visa should I be applying for to get back to the UK from overseas, tourist visa or something else?
2. Could I still apply for SET(M) once I’m back to the UK? Or do I need to start over my FLR 5 year route again?

Thank you very much for your help!

[CR001]

1. Spouse visa if you are returning to live.

2. No, you can't apply for set m. You will have to start again from scratch.

[vinny]

Ask them if they will extend the COVID concession?

[hxf666]

Thank you very much for your swift response.

Would it be easier/cheaper to apply for a tourist visa if we’ll be based overseas for a few more years and only go back to the UK to see family?

Thanks again!

[hxf666]

Hi Vinny,

I have just filled out the form online, just waiting for a reply now.

However I realized that the gov.com website suggests that the concession was only available until 31st March, no idea if they will still look at my case

Thanks!

[hxf666]

Hello all,

Hope you’re having a nice long weekend.

I am about to apply for my ILR (SET(M)), my British husband is currently employed by a UK company but physically working overseas at the moment, his overseas job will finish at the end of this year.

My concern is that, his salary is paid in local currency but we transfer most of it back to our uk account. Is this going to be a problem? Which bank statements should we provide, the overseas one or UK one, or both?

Thank you!

[CR001]

Topics merged.

Have you returned to the UK now, if so I'm what visa?

I’m currently on my 2nd FLR Visa which expires on 24th March 2021.

Hasn't your visa already expired?? You cannot apply for ilr if you don't have a visa.

If he is not "present and settled" in the UK, with proof of UK employment, I don't believ that you will meet the requirements.

Your husband and yourself seem to have been out of the UK for 2 years already.

indefinite-leave-to-remain/flr-to-ilr-a ... l#p1790630

[hxf666]

Hi,

Sorry forgot to mention, I’ve applied for the COVID concession is is waiting for the final visa waiver now.

His job is a government to government contract, so we hope that our case would meet the special circumstances. I was only supposed to be with him overseas for a short while and return to the UK then COVID hit,then I was pregnant with our baby and delivered the baby overseas. Did not want to risk traveling with a newborn during the Pandemic hence I let my visa expire

[hxf666]

And he is employed by a UK company, just not paid in GBP.

Is this going to be a problem? Thank you.

[hxf666]

Actually I am really confused now:how I even be applying for ILR? Or should I apply for another 5-year FLR(M) from overseas, if that’s possible, as I assume that there’s no such thing as renewing my current FLR(M)?

Or should I return to the UK and apply for a new 5-year FLR(M).

Sorry it’s all very confusing. Thanks a lot for your help!

[CR001]

You cannot apply for ILR from outside the UK. You have already been advised of this.

[hxf666]

Hi CR001,

Thank you for the reply.

I mean, when I return to the uk with the visa waiver, should I be applying for ILR (as you said it might get rejected as we spent time overseas),or should I apply for FLR(M),the 5-year route,again?

Thank you.